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HomeMy WebLinkAbout01-05536 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire f I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, v. DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL AFFIDAVIT UNDER PA. RCP RULE 3129 File No. 01-6663 Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 Manufacturers & Traders Trust Company Trustee for Securitization Series 1998-2, Agreement Dated 06-01-98, by and through Its Loan Servicing Agent, Fairbanks Capital Corp. VS David Smyth and Twyla Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5536 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Barbara Fein. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Surcharge Law Library Prothonotary Mileage Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 30.00 15.15 15.00 15.00 30.00 .50 1.00 17.94 15.00 335.15 272.53 25.24 $ 772.51 paid by attorney 5/14/03 Sworn and subscribed to before me So Answers: This .1~ day of ~ ,~ R. Thomas Kline, S efi riff 2003, A.D. 7 ' ~~ ~ f, r BI'~J~ ~. jYbtlly't Prothonotary Real Estate Deputy ~,~ro ~L y05/b/ /3S~y7 i 2. Name and address of each Defendant named in the judgment: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And' Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff 394 South Warminster Road Hatboro, PA 19040 Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 5. Name and address of every other person or entity which has any record lien on the property: None ~ Y 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Shelby Winter, Tax Collector 1101 Dribling Gap Road Newville, PA 17241 Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: TenantJOccupant 455 Hunter Road Newville, PA 17241 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I Date: March 8, 2003 THE LAW OFFICES OF BARBARA A// FEIN, P.C. BY: ~.~.~- ~ Barbara A. Fein, Attorney for Plai Attorney I.D. No. ~ quire ~iff 53002 &erft ey: THE LAW OFFICES OF BARBARA FEIN; 215 653 7454; TTTE LAW OFFICES OF BARBARA A. FEIN, P.C. Darbara A. Fein, Esquire ! I.D. No. 53002 Kristen. J. DiPaolo, Esquire / LD. Nn. 79992 425 Cvmrrterce Drive, Suite l00 port Washington, PA 19034 (215)653-7450 Attorney for PlaintilT CQ T OF COMMON PL5A5 MANUFACTURERS & TRADERS TRIJST CU ERLAND COUNTY COMPANY, 'TRUSTEE roR $$~ SECURTI'[ZATION SERIFS 1998-2 , f. AGREEMENT DATED06-O1-98, BY AND NO: 0~-5536 C1V1L THROUGH ITS LOAN SETtVICING AGENT, FAIRBANKS CAPITAL CORD-, Plaintiff, 1' v, DAV1D SMYTH and'fWYLA SMYTIi, }, Defendants. 1 i TO: David Smyth THyI Smyth 455 [-Tenter Road 455 enter Road Newville, PA 17241 New~ille, PA 17241 Your house at 455 Hunter Rvad, Newville, Pennsylvania is scheduled to be sold by the Cw Wednesday, June 11, 2003 at the Cumberland County Pennsylvania, to enforce the Court judgment of $54,6 Traders Trust Company, 'Trustee for SeeuritizaGon S And Through Its Loan Servicing Agent, Fairbanks Cr Mar-17-03 1:26PM; Page 5/8 File Nn. r1!_6669 of Lvwer Mifflin, Cumberland County, County Sheri$'s Department on 1 Courthouse Square, Carlisle, obtained by Plaintiff, Manufacturers & Agreement Dated 6-01-98, By Corp., against you. Sent By; THE LAW OFFICES OF BARBARA FEIN; 215 653 7454; NOTICE OP OWNERS' To prevent this Sheriffs Sale, you must take Mar-17-03 1:26PM; Page 6/8 I. This sale will be canceled ifyou pay to Pl ' tifl'Mortgagee the back payments, laic charges, costs attd reasonable attorneys' fees due. To f nd ut haw much you must pay, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450, j 2. You may be able to stop the sale by filing a ~etition asking the Court to strike or open the Judgment, if the judgment was improperly entered. Y~u may also ask the Court to postpone the sale for good cause. ~ 3. You may also be able to stpp the sale thro~gh other legal proceedings. You may need an attomeyto assertyour rights. Th sooner you contaca one, the more chance you will have of stopping the sale. (See notice below on ow to obtain an attorney}. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Kristen 7. Di~aolo, Esquire at (215) 653-7450, or by calling the Cumberland County Sheriffs Department at (x.17) 240-6390. ~. You may be able to petition the Court to inadequate compared to the value oPyour property. 3. The sale will go through only if the 1 sale. To fmd out if this has happened, you may call or by calling the Cumberland County Sheriffs Dep. 4. if the amount due from the-buyer is not 1 will remain the owner of the property as if the sale had sale if the bid price was grossly Ys the Sheriff the full amount bid in the J. DiPaolo, Esquire at {? 15) 653-7450, at (717)240-6390. to the Cumberland County Sheriff, you er happened. gent By; THE LAW OFFICES OF BApBARA FEIN; 215 653 7454; Mar-17-03 1:27PM; page 7/8 5. You have the right to remain in the pmpe until the fi~il amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. Atthat t c, the buyer may bring legal proceedings to evict you. 6. You mays be entitled to a share of the mi. schedule of distribution of the money bid for your house Sheriff on or about thirty (30) days from the date of Sheri ff be receiving that money. The money µR11 be paid out exceptions (reasons why the proposed distribution is wrong days after the distribution sheet is posted. 7. You may also have other rights and you act immediately after the sale. ey which was paid for your house., A rill be filed by the Cumberland County Sale. This schedule will state who will ;accordance-with this schedule unless are filed with the Sheriffwithin ten (10) or ways of getting your house back, if YOU SHOULD TAKE THIS PAPER TO YOUR LAWYR AT ONCE. iF YOU UO NOT HAVE ALAWYERORCANNOTAFFORDONE,GOTO(7R LEPHONETHEOPFICEBEI,OWTO F1IVD OUT WI°IERE YOU CAN GET LEGAL I°IELP. i. Cumberland County Court 4th Floor Cumberland County G 1 Courthouse Sq Carlisle, PA 171 House (717)240-6200 sent By; THE LAW OFFICES OF BARBARA FEIN; 215 653 7454; DESCRIPTION ALL-THAT CERTAIN tract of land with the impro~ Township, Cumberland Covaty, Pennsylvania, mare BEGINNING at a point is the center of Township Road 414 (349} feet Northwest of the property line of john Chestnut ai (43} degrees seven (07) minutes West a distance of one hung (129.45) feet along the center of said Township Road 414 North fifty-two (52) degrees five (05) minutes West a diet (80,22) feet still along the center of said Township Road 4 Road and corner of other lands of the Granter herein; them minutes East a distance of two hundred twenty-eight and to of the grantor herein to a stake and corner of other lands of (4I) degrees zero (00) minutes East a distance of two hundre of the grantor herein; thence South forty-nine_(49) degrees hundred eight (208-00) feet still along other lands of the g, aforesaid Township Road 414 and place of beginning. Tax Pazcel X15-OS-0415-003 Mar-17-C13 1:27PM; Page 816 thereon erected situate in Lower Mifflin arly bounded and described as follows: said point being three hundred forty-nine t Alfred Gaialer; thence North forty-three ed twentyy-nine and forty-five hundredths ~ a pin in the center of said load; thence tce of eighty and twenty-two hundredths l to a pin in the ceter of said Township .'North forty-nine (49) degrees zero (00) my hundredths (22$.20) feet along lands to grantor herein; thence South forty-one eight (208.00) feet still along other lands ero (00) minutes West a distance of two dtors herein to a pin in the seater of [he BE1N Ci THE SAME PREMISES conveyed byLester S. N~idigh and Rebecca A. Neidigh, Husband and Wife, to i7avid A. Smyth and Twyla P. Smyth, Husb d and Wife, by Deed dated and recorded vn July 18, 1997, in Ueed Book Volume 161, Page 312 ALSO KNOWN AS 455 Huntets Road, Newville, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ~ NO01-5536 Civil COUNTY OF CUMBERLAND) ' + ~ CIVIL ACTION -LAW T'O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED 06-O1-98 BY AND THROUGH ITS LOAN SERVICING AGENT FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVID SMYTH AND TWYLA SMYTH 455 HUNTER ROAD NEWMLLE PA 17241 (1) You are duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 54,689.98 L.L.$0.50 Interest 6 1006.88 FROM FEBRUARY 18, 2003- THROUGH JUNE ~ 12003 Atty's Comm Atty Paid $ 176.08 Plaintiff Paid Due Prothy $1.00 Other Costs Date: MARCH 11, 2003 (seal) REQUESTING PARTY: Name BARBARA A FEIN ESQUIItE Address: 425 COMMERCE DRIVE SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 CURTIS R. LONG Protho ary ~ %~ • ' n . By: [~u,ey~~ Deputy ^1 < y `~" - IPt 1 ~`~3~e ~pfq~ ~ ~~° At 6 1 ~L "A. ~ C 85858 d298_ *a~x) 8r _. ''tt ., ~ -~, P~Pfi~~f~ard ~sn~~+r~ .+.~, ,. ~. o a„.,,.. .~n 4~ _ al.~. ~F o-. ,.. ~ n.. ofx.=nu~~2@KC$i~',~F.§if5~xss~~~see~a+v~u~xiuaus4w'b¢~:exwLL 4` Real Estate Sale # 41 On March 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA known and numbered as 455 Hunter Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2003 By: J, Real Estat Deputy 0 ~"~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f ' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003_ L6;u E. S;~~ES, Qatar! Pa~:autctyy ~asfis?e Ecaa, ~tesz~afla Coun2005 ~.'~ t;o: m's~ian Expires AiazCi15, __ ___ REAL SBTATE SAi~ NO. 41 ,. Writ. No. 2001-5536 Civil Manufacturers & Traders Trugt Company. Trustee for Securitization Series 1998-2, Agreement Dated D6-O1-98, Hy and Through its Loan Servicing Agent, Fairbanks Capital Corp. vs. David Smyth and Twyla Smyth Atty.: Bazbaza Fein DESCRIPTION ALL THAT CERTAIN tract of ]and with the improvements thereon erected situate in Lower Miffiin Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows: BEGINNING at a point in the cen- ter of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property ]ins of John Chestnut and tVfred Gaialer: thence North forty-three (43) degrees seven (D7) minutes West a distance of one hundred twenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pin in the center of said road: thence North fifty-two (52) degrees five (05) minutes West a dis- tance of eighty and twenty-two hun- dredfls (80.22) feet atill along the center of said Township Road 414 to a pin in the center of said Town- ship Road and corner of other lands of the Grantor herein; thence North forty-nine (49) degrees zero (DO) minutes East a distance of two hun- dred twenty-eight and twenty hun- dredths (228.20) feet along lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (41) degrees zero 100) minutes East a distance of two hundred eight (208- .00) feet still along other lands of the grantor herein; thence South forty-nine (49) degrees zero (00) minutes West a distance of two hun- dred eight (205.00) Seet still along other ]ands of the grantors herein to a pin in the center of the afore- said Township Road 414 and place of beginning. Tax Pazcel # 15-05-0415-003. BEING THE SAME PREMISES conveyed by Lester S. Neidigh and Rebecca h Neidigh, Husband and Wife, to David A Smyth and Twyla P. Smyth, Husband and Wife, by Deed dated and recorded on July 1S, 1997, in Deed Book Volume 161, Page 312. ALSO KNOWN AS 455 Hunters .Road, Newville. ~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEpH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #41 L. Seal .~<...:~ daY9YM~y~I A.D. 6,2006 NCff-ARY PUBLIC OF NOta~~ commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs m~ To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 270.78 Probating same Notary Fee(s) $ 1.75 Total $ 272.53 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... - ;: Aggr®emeivt ~atsd- 06-0t-9>}, By kltd ThroUgPr -- (ts Loan Kar~eing Agent,- --Fairbanks Caplixl COip. -. pavid 5rnyth - and'fvyla $tnvth .. Any t.]Ariiara alit - - - ___-- nt~rarrn~ed - the ~ ,..:~ w[Yd~hih( vi _, wisl it Ie tiw>w~a(ex Of Ihe` 4iV nll: 11~-I'1 !~U~ '1:15 til-I{~'D {1Mi:t. ~.. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. O1-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH, Defendants. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND FOR ASSESSMENT OF DAMAGES Kindly enter judgment for $54,689.98 in favor of the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Cap-ital Corp., and against the Defendants, David Smyth and Twyla Smyth, for failure to file an Answer to Plaintiffs Complaint in Mortgage Foreclosure within twenty (20) days from service thereof and assess Plaintiff s damages as follows and calculated from those set forth in the Complaint. Principal balance of mortgage Interest due and owing at the rate of 11.65% calculated from the default date through February 18, 2003 Late Charges due and owing under the Note in accordance with the Mortgage Instrument Escrow Advances made by Plaintiff Mortgagee on behalf of Deferidant mortgage account Corporate Advances made by Plaintiff Mortgagee on behalf of Defendant Mortgage account Non-Sufficient Fund (NSF Charges) Attorneys' fees TOTAL IN REM JUDGMENT TO BE ENTERED $42,087.99 9,228.11 386.94 515.00 307.55 60.00 2,104.40 $54,689.98 TOTAL IN REM JUDGMENT TO BE ENTERED $54,689.98 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire AND NOW, judgment is entered in favor of the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., and against the Defendants, David Smyth and Twyla Smyth, and damages are assessed as above in the sum of $54,689.98. Pro. Prothonotary THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee for Securitization Series 1998-2 Agreement dated 6-01-98, By and Through its Loan Servicing Agent, Fairbanks Capital Coxp., Plaintiff, v. DAVID SMYTH and TWYLA SMYTH, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY N0. 01-5536 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE STATE OF UTAH COUNTY OF SALT LAKE s.s.: THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff, or as servicing agent of the Plaintiff herein named, and that the above named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant as stated under the accompanying page. NAME: // Nancy Ramsey TITLE: Foreclosure Sp COMPANY: Fairbanks Capi Defendant David Smyth Age Over 18 Residence 455 Hunters Rd., Newville, PA 17241 Employment Unknown Defendant Twyla Smyth Age Over 18 Residence 455 Hunters Rd., Newville, PA 17241 Employment Unknown THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAII2BANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH, Defendants. CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 Dated: February 4, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~ 0,z lU3R ~ ~- ___. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney LD. i~o. 53002 :~.~ ~~. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITILATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. OI-5536 CIVIL. v DAVID SMYTH and TWYLA SMYTH, Defendants. NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required ofyou in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Squaze Cazlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la action requirida de su parte en este case. Al no tomar la action debida dentro de un termino de diez (10) dias de la fecha de esta notification, el tribuna podra, sin necesidad de compararecer usted in torte o escucharpreuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente pars tal servicio, vaya en persona o llame por telefono a la oficina cuya direction se encuentra escrita abajo para aueriguar donde se puede conseguir assitencia legal: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717)240-6200 Date of Notice: February 4; 2003 PERSONS SERVED: David Smyth Twyla Smyth 455 Hunter Road 455 Hunter Road Newville, PA 17241 Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH, Defendants. CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for the Plaintiff,. Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that the Plaintiffs correct address is 3815 Southwest Temple, Salt Lake City, Utah 84115, and the last known address of each Defendant is as below. David Smyth Twyla Smyth 455 Hunter Road 455 Hunter Road Newville, PA 17241 Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Bazbaza A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff r MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FADZBANKS CAPITAL CORP., Plaintiff, v DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., hereby certify that I have served a true and correct copy of the appended mortgage foreclosure pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: David Smyth Twyla Smyth 455 Hunter Road 455 Hunter Road Newville, PA 17241 Newville, PA 17241 THE LAW OFFICES OF BARBARA A. FEIN, P.C. .., BY: r a ~ O,rr~ a ~. ~ 6~ Barbaza A. Fein, .squire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Cazlisle, PA 17013 CURT LONG,PROTHONOTARY TO: David Smyth 455 Hunter Road Newville, PA 17241 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.O1-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH, Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you aze hereby notified that a judgment has been entered against you in the above captioned pro/~ceeding as in icated below. C~.G~L2. ~f~ I~ CURT LONG,PROTHONOT~ [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: Twyla Smyth 455 Hunter Road Newville, PA 17241 MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.Ol-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH, Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding s indicated below. ~R~ CURT LONG,PROTHON6TARY ~.l [XX] Judgment by Default entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. ~ ~ ~. ~ r ~~~, -, ~~ ~. ~ ~ ~ ~~ .~ ~ ~ ~_ ~~ ~ _~ ~S 0 _' :, i1 -, THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein (I.D. No. 53002 Kristen J. DiPaolo / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERSTRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED 06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. DAVID A. SMYTH and TWYLA P. SMYTH, Defendants. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGARJST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITI-IIN TWENTY (2U) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OB.IECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT [F YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A 7UDGMHNT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT'f0 YOU. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. 51 USTED QUIERE DEFENDERSE DG ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA PECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA O POR ABOGADO Y ARCFIIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE 51 USTED NO SE DEFIENDE. LA COATE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. US"FED PUEDE PERDER DINERO, SUS PROPIGDADES O OTROS DERF.CHOS IMPORTANTES PARA USTED. YOU SHOULD TAk.E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERF. YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Qimberland County Cour[ House 1 Courthouse Square Carisle_ PA 17U 13 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO BUFICIENTE PARA PAGAR TAL SERVICIQ, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSE(iUIR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17015 (717) 240-6200 (717)?4U-6300 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~r; CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE L (a) The Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 3815 Southwest Temple, Salt Lake City. UT 84115. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of business. 2. (a) Defendant David A. Smyth is an individual whose last known address is 455 Hunter Road, Newville, PA 17241. (b) Defendant Twyla P. Smyth is an individual whose last known address is 455 Hunter Road, Newville, PA 17241. (c) Defendant David Smyth holds an interest in the subject property as both a Real Owner acid Mortgagor. (d) Defendant Twyla Smyth holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. _.._ .~ ~: 3. (a) The residential mortgage being foreclosed upon is secured by property located at 455 Hunter Road, address within the Township of Lower Mifflin. Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on May 26, 1998 and was recorded on June 02, 1998 in Mortgage Book 1457, at Page 732. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assigmnents of Mortgage, duly and publicly recorded as below: Assignor: Keystone State Mortgage Corporation Assignee: ContiMortgage Corp. Recording Date: September 2, 1998 (Assignment) Book: 587 At Page: 461 Assignor: ContiMortgage Corp. Assignee: Manufacturers and Traders Trust Company, Trustee for Sectiritization Series 1998-2, Agreement dated 6-1-98 Recording Date: September 2, 1998 (Assignment) Book: 587 At Page: 463 (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $473.79 on May 1, 2001, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $42,087.99 (b) Interest due and owing at the rate of 11.65% 2,445.96 calculated from the default date above stated through September 30, 2001 Interest will continue to accrue at the per diem rate of $13.43 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Late Charges due and owing under the Note 386.94 in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on 515.00 behalf of Defendant mortgage account (e) Corporate Advances made by Plaintiff Mortgagee on 307.55 behalf of Defendant mortgage account (f) Non-Sufficient Fund (NSF Charges) 60.00 (g) CouCt Costs and fees as recoverable 300.00 under the mortgage terms, estimated (h) Attorneys' fees 2,104.39 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF X48,207.83 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff' s Sale, Plaintiff s actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is less than Fifty Thousand ($50,000.00) Dollars. (b) Under Pennsylvania's ACT 6 of 1974, Plaintiff Mortgagee is obliged to serve Notice of its Intention to Accelerate the mortgage by certified mailing prior to initiating foreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrowers on July 4, 2001. 9. (a) The subject mortgage is governed by ACT 91 of 1983. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrowers on July 4, 2001. (c) The Defendant has failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, by and through its Loan Servicing Agent, Fairbanks 'Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $48,207.83 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriff's Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN. P.C. BZ': .~i ~U it PA. _ Q ~A Barbara A. Fein, Esquire Attorney for Plaintiff Attorney LD. No. 53002 `.. ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property line of John Chestnut and Alfred Gaialer; thence North forty-three (43) degrees seven (07) minutes West a distance of one hundred twenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pin in the center of said road; thence North fifty-two (52) degrees five (OS) minutes West a distance of eighty and twenty-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and corner of other lands of the Grantor herein; thence North forty-nine (49) degrees zero (QO) minutes East a distance of two hundred twenty-eight and twenty hundredths (228.20) feet along lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (41) degrees zero (00) minutes East a distance of two hundred eight (208.00) feet still along other lands of the grantor herein; thence South forty-nine (49) degrees zero {00) minutes West a distance of two hundred eight (208.00) feet still along other lands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and place of beginning. Tax Parcel #15-OS-0415-003 EXHIBIT E m ,: ~.< VERIFICATION The undersigned, an officer of Fairbanks Capital Corp., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES Dated: Q~~~~ /~ /~`~ /~' // Name• Nancy sey Title: Foreclosure Specialist Company: Fairbanks Capital Corp. ~~,~ '- •l k ~+ , ~` Pw ~~ ~.J ~~~ s _ ,,.. 5, ,. .' ~~' ~ ~ ~ ~ ~~ ~,y ~ , -~ _.n -: ~ ~ ~ .v ~, ' ', J '- ~~ ~ t_, ... *7 (~ "~ ~ V AUG 2 9 2001 s ~'~- ~ (SASE NO: 2001-05536 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACTURERS & TRADERS TRUST VS SMYTH DAVID A ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMYTH DAVID A the DEFENDANT at 0934:00 HOURS, on the 4th day of October 2001 at 455 HUNTER ROAD NEWVILLE. PA 17241 by handing to TWYLA SMYTH, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 ~~ Sworn and Subscribed to before me /this /G ~ day of 11~ e~~~~. ,~ vc, / A . D . Lt... /l~1~0~ P othonotary ~ So Answers: ~~~~ R. Thomas Kline 10/05/2001 BARBARA FEIN BY~ ~ - D uty heriff .~._ `__ ...v ~' 'r' SHERIFF'S RETURN - REGULAR VASE N0: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A ET RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SMYTH TWYLA P the DEFENDANT at 0934:00 HOURS, on the 4th day of October 2001 at 455 HUNTER ROAD NEWVILLE, PA 17241 SMYTH was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me (this /~~ day of lY't'-Qo-~. dtso! A.D. PrfSt~onotary So Answers: ~~~~ R. Thomas Kline 10/05/2001 BARBARA FEIN By: Deputy Sheriff r ~ , THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215)653-7450 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL v DAVID SMYTH and TWYLA SMYTH Defendants. PRAECIPE TO NOTIFY THAT CIVIL ACTION IS NO LONGER STAYED BY VIRTUE OF BANKRUPTCY FILING TO THE PROTHONOTARY: Kindly mark the Civil Action Docket to reflect that this case is no longer stayed by virtue of a Bankruptcy filing. Counsel for the Plaintiff, The Law Offices of Barbara A. Fein, P.C., certifies that the attached is a true and correct copy of the original Order entered in the United States Bankruptcy Court for The Middle District of Pennsylvania (Exhibit "A" appended hereto). THE LAW OFFICES OF BARBARA A. FEIN, P.C.: Barbara A. Fein, Esquire Attorney for the Plaintiff Dated: December 19, 2002 ,_____-- °- _- '' ~~=~ _ =:~tOV (18 200 UNITED STATES BANKRUPTCY COURT 1.-~^-~Cy.,,.,k:.5 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA :~~C,~toC,7 ti y`3 I~ 1~i ~: 17avid il. Srrayth CHP,P'C'EkZ 13 T+x~vla P. Srnvrh tar: NOS t Ot -05193 J7'I' C7RDER MOD1FY1hJG SEG7lOi`1 362 ~tiUTOMATIC STAY ~t:.~,~,, ..~r ANU NOW, this ? r}ay of !'~.Y~i7'7~ '~Lt)Q2, upon P~!oiic~n of Fairbanks Capita! CorE,.raration (Mnwantj, and the filing of a Certifica#iun of Default, i# is ORDERED AND DECRi=ED THAT: The Automatic s#ay of a?I proceedings, as provid~:t: by 11 U.S.C. 36~ is modified with respect to premises, 455 Hunters Road, Newvitle, PA 17241, as to aEfovv the Movant to foreclose on its martcJage and allow the purchaser of said premi=es at Sheriffs Sale (nr purchasr:.r's assignee) to take any legal av~tion far enforcement of its right to possession of said premises; and it is further ORDEREL? ANE3 DECREED THAT: Rulrv~ 40tJ7 (a)(3} is net applicable and Fairbanks Capital Garpr?ra#ion may immediately enforce and irnpienzent this order granting Re?ir~f from ttte Automatic Stay. is1 John J. ~1~nmaa United Stat,:s Bankruptcy ,fudge cc: Judith "'f. Rvmano, Esquire Suite 14Qe0/ One Penn 4:enter at Suburban Station Philadelphia, PA '191 C~3-'f 814 Charles J. DeHart, (II, Esquire (truster) P.O.Bcx ,f 1 Q Flummelstown, PA 17036 James K. Jones, Esquirc~ 7 Irvine RaNr Cort?sle, PA 170f:i-3Q19 D~a~.rid A. Sm,/Lh Twyla P. Smyth X455 Hunters Fdoad Netvvil9e, PA 17241 ~py - ~ 2Cv?. ~~~ ,l V `..,. 1 ~ r+,~cruPir-~' Court ~ BlT ~a.t .vx.rcf~F ie:l. ,, 1:.,.Y av :.aa.<,~_~ I._ _,__.r„ ar,~s~~.,i=ax::esra:Nks:ue+iad~ea~~~P ~- .•""w,5.' _ '1&ti- : s.a,o .., .., .: I , w v ~ r ~ ~~ '. TI ?}~7 ~~ ~!"~ z~, ~rn ~ ~a ~ ~ ~ .,,, x ~~ J'/ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / LD. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATEDO6-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff. , COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL v. DAVID SMYTH and TWYLA SMYTH Defendants. PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the above captioned Complaint in Mortgage Foreclosure. January 6, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 c> f- ~~ v.; :. C. r_ ~„ m ~_ ~J.% fT': f" ~~ C v 1 ~ .5 ~ ' ~ 1 e C ~ 'S~ ~ G U? 1 ~__ i ,„, SHERIFF'S RETURN - REGULAR CASE N0: 7.001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTUFZERS & TRADERS TRUST VS SMYTH DAVID A ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DAVID A the DEFENDANT at 1933:00 HOURS, on the 10th day of January 2003 at 455 HUNTER ROAD NEWVILLE, PA 17241 by handing to TWYLA P SMYTH ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /Y~ day of ~~3 ~.~wws.~.~ A . D N. w ~ xr // P o honotary So Answers: R. Thomas Kline 01/13/2003 BARBARA FEIN By. ~/.c/~%1ic~r ~/~l' eput-'-y Sheriff was served upon SHERIFF'S RETURN - REGULAR LASE NO: 2001-05536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS SMYTH DAVID A ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMYTH TWYLA P DEFENDANT the at 1933:00 HOURS, on the 10th day of January 2003 at 455 HUNTER ROAD NEWVILLE, PA 17241 by handing to TWYLA P SMYTH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of dBV.3 A.D. i / n/1 Prot onot~~ - So Answers: R. Thomas Kline 01/13/2003 BARBARA FEIN D uty Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS COURT OF COMMON PLEAS TRUST COMPANY, TRUSTEE FOR ~ ~~ ", 5ECURITIZATION SERIES 1998-2, -`, .;, m `; AGREEMENT DATED06-O1-98, BY NO.OI-5536 CIVIL U C' ~~-- AND THROUGH ITS. LOAN ; ~ ~- SERVICING AGENT, FAIRBANKS ~-, CAPITAL CORP., mac: =,' Plaintiff, j a = - ~ < v. DAVID SMYTH and TWYLA SMYTH, Defendant(s). PRAECIPE TO AMEND WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly amend the issued Writ of Execution in the above matter to reflect that interest is to be projected through June 11, 2003 in the amount of $1,006.88. AMOUNT DUE $54,689.98 INTEREST FROM February 18, 2003 Through June 11, 2003 1,006.88 TOTAL $ 55,696.86 COSTS TO BE ADDED THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suit 100 Fort Washington, PA 19034 (215)653-7450 _` ~' 7I AA:~ r~ ~~ WRIT OF EXECUTION and/or ATTACHMENT COMMON"NW~EALTH OF PENNSYLVANIA) NO 01-5536 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2 AGREEMENT DATED 06-O1-98 BY AND THROUGH ITS LOAN SERVICING AGENT FAIIiBANKS CAPITAL CORP. Plaintiff (s) From DAVID SMITH AND TWYLA SMITH, 455 HUNTER ROAD, NEW VII,LE PA 17241. (1) Yau are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You aze also duected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,689.98 Interest 2/18/03 TO 6/11/03 Atty's Comnr Atty Paid $176.08 Plaintiff Paid Date: March 11, 22003 (Seal) L.L. $.50 $1,006.88 (AMENDED 3/18/03) Due Prothy 1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name Barbara a. Fein esquire Address: 425 commerce dr., suite 100 fort Washington pa 19034 Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 Prothonotary ~ l~~L ~0 By. _~ / v Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS NO.Oi-5536 CIVIL v. DAVID SMYTH and TWYLA SMYTH, Defendant(s). PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against DAVID SMYTH and TWYLA SMYTH, Defendant(s), and real property situated at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania 17241. AMOUNT DUE INTEREST FROM February 18, 2003 Through Juue 5, 2003 COSTS TO BE ADDED THE LAW OFFICES OF BARBARA A. BY: Barbara A. Fein, Esquire Attorney I.D. No. 53002 425 Commerce Drive, Suite Fort Washington, PA 19034 (215)653-7450 $54,689.98 952.94 S P.C. ALL THAT C1rRTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of-the property line of John Chestnut and Alfred Gaialer; thence North forty-three (43) degrees seven (07) minutes West a distance of one hundred twenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pin in the center of said road; thence North fifty-two (52) degrees five (OS} minutes West a distance of eighty and twenty-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and corner of other lands of the Grantor herein; thence North forty-nine (49) degrees zero (00) minutes East a distance of two hundred twenty-eight and twenty hundredths (228.20) feet along lands of the grantor herein to a stake and corner of other lands of the grantor herein; thence South forty-one (41) degrees zero (00) minutes East a distance of two hundred eight (208.00) feet still along other lands of the grantor herein; thence South forty-nine l49) degrees zero (00) minutes West a distance of two hundred eight (208.00) feet still along other lands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and place of beginning. Tax Parcel #15-OS-0415-003 BEING THE SAME PREMISES conveyed by Lester S. Neidigh and Rebecca A. Neidigh, Husband and Wife, to David A. Smyth and Twyla P. Smyth, Husband and Wife, by Deed dated and recorded on July 18, 1997, in Deed Book Volume 161, Page 312. ALSO KNOWN AS 455 Hunters Road, Newville. ,_..a..~..~.,w ~:aiswea,P-vim,. ~ _ i ~s'+iet ~d~itlalr, ~'4 ae. JaJx_ ,a.,s~ri~Sar: w. ~ ..r. _ ~. a ~ .~ re.~.e~~«.x.-vwr-sBi~k'SS ~' - ~ ~ ~~ t? U ~ ~ ~~ ~ _ ~o O q G r r., r ~~ ~r.~. .. ~ ' 2 f. `9 "= ~ o R ~U ti v ~ ~ ~ ~ ~ ~ W (.n fi a~ ~ «, d ~ ~' ~ c' ~ ~ «~ r s WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO01-5536 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED 06-O1-9S BY AND THROUGH ITS LOAN SERVICING AGENT FAIRBANKS CAPITAL CORP. Plaintiff (s) From DAVH) SMYTH AND TWYLA SMYTH 455 HUNTER ROAD NEWVILLE PA 17241 (1) You aze directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You aze also duected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to nofify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 54,689.98 L.L.$0.50 Interest $ 952.94 FROM FEBRUARY 18, 2003- THROUGH NNE 5, 2003 Atty's Comm % Due Prothy $1.00 Atty Paid $176.08 Other Costs Plaintiff Paid Date: MARCH 11, 2003 CURTIS R. LONG Prothono/ta~ry (Seal) By: ` /„ ? ) .7~-~w Deputy REQUESTING PARTY: Name BARBARA A FEIN ESQUIRE Address: 425 COMMERCE DRIVE SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: (215) 653-7450 Supreme Court ID No. 53002 i THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, v. DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL AFFIDAVIT UNDER PA. RCP RULE 3129 File No. 01-6663 Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 ._, .~~. ~.--~ .. _ _. . ~...:.,,.-.~ ...: .1 . _~ n n v 2. Name and address of each Defendant named in the judgment: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff 394 South Warminster Road Hatboro, PA 19040 Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 5. Name and address of every other person or entity which has any record lien on the property: None . ~ I i .e 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Shelby Winter, Tax Collector 1101 Dribling Gap Road Newville, PA 17241 Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 455 Hunter Road Newville, PA 17241 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 8, 2003 THE LAW OFFICES OF BARBARA A. ~`/$IN, P.C. BY: Barbara A. Fein, Es uir Attorney for Plaint ff Attorney I.D. No. 5 002 4 „. .~~c.=__.. ,._ .. r, ,, t, .,e .¢:.~. z r. -. xe .r rb;~t ., :.+~~z ..vim u~.e~nta3~gt sk~.e~s.~ae~u,~etrs~nr .. _ _.. i$ft. n. r .mil ~'~ f ~.. .,.x. [-'r+ .. ZIr f L. _ ...) ; rl _ . ` ~; - ~I Gr :37 .,Q -~° C) -G THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-01-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP-., Plaintiff, v. DAVID SMYTH and TWYLA SMYTH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY T0: David Smyth 455 Hunter Road Newville, PA 17241 Twyla Smyth 455 Hunter Road Newville, PA 17241 File No. 01-6663 Your house at 455 Hunter Road, Newville, Township of Lower Mifflin, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriff's Department on June 5, 2003 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $54,689.98 obtained by Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stob the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by calling the Cumberland County Sheriff's Department at (717) 240- 6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call Kristen J. DiPaolo, Esquire at (215) 653- 7450, or by calling the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. Y 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road 414, said point being three hundred forty-nine (349) feet Northwest of the property line of john Chestnut and Alfred Gaialer; thence North forty-three (43) degrees seven (07) minutes West a distance of one hundred twenty-nine and forty-five hundredths (129.45) feet along the center of said Township Road 414 to a pin in the center of said road; thence North fifty-two (52) degrees five (OS) minutes West a distance of eighty and twenty-two hundredths (80.22) feet still along the center of said Township Road 414 to a pin in the center of said Township Road and corner of other lands of the Grantor herein; thence North forty-nine (49) degrees zero (00) minutes East a distance of two hundred twenty-eight and twenty hundredths (228.20) feet along lands of the grantor herein to a stake and comer of other lands of the grantor herein; thence South forty-one (41) degrees zero (00) minutes East a distance of two hundred eight (208.00) feet still along other lands of the grantor herein; theace South fern,-nine (49) degrees zero (00) minutes West a distance of two hundred eight (208.00) feet still along other lands of the grantors herein to a pin in the center of the aforesaid Township Road 414 and place of beginning. Tax Parcel #15-OS-0415-003 BEING THE SAME PREMISES conveyedbyLester S. Neidigh and RebeccaA. Neidigh, Husband and Wife, to David A. Smyth and Twyla P. Smyth, Husband and Wife, by Deed dated and recorded on July 18, 1997, in Deed Book Volume 161, Page 312. ALSO KNOWN AS 455 Hunters Road, Newville. .~~k.','ia~13+'"5?&ta~:3n~'»_ s~:as>x'~+ns„t.~~i~v~r at ar;,~: ~~ ,r~-. v. .,g ,:.._:.~.~uauaxsura~. ~ ~.^`~'•~.~ ,r ~ ~.. C.. i '''"'j i]% ~- ~ 7 i :rt ~ ~~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, v. DAVID SMYTH and TWYLA SMYTH, Defendants. NO. 01-5536 CIVIL CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff, Manufacturers & Traders Trust Company, Trustee for Securitization Series 1998-2, Agreement Dated 6-01-98, By And Through Its Loan Servicing Agent, Fairbanks Capital Corp., in this action against real property and I further certify that this property is: [X] That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of notice on Defendants (b) Expiration of thirty days since the service of the Notice (c) Defendants' failure to request or to appear at a face-to- face meeting with the Mortgagee or with a Consumer Credit Counseling Agency (d) Defendants' failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statements given herein. THE LAW OFFICES OF BARBARA A.//FEIN, P.C. BY: Barbara A. Fein, Esq re Attorney for Plainti f Attorney I.D. No. 53002 c'9~659 e4h. t , . - na . .. ..bN-.. , ~, . ,,.,_ ., ..._ ~c>~ M~3 um;.~aH.halmra*n~ a~G-Aaa~,'~Gawm - ~ ,. ~F~. s_r.~' n ~t r fil'e'. -7 :Z i__ .~ _ ~r. 7: 5 ~~ ~ J` 1, Jl -i7 ~~ CV -G THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / LD. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURTI'IZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIltBANKS CAPITAL CORP., Plaintiff, v. DAVID A. SMYTH and TWYLA P. SMYTH, Defendants. File No. 01-6663 Loan No. 2066643871 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5536 CIVIL PRAECIPE TO WITHDRAW JUDGMENT ENTERED TO THE PROTHONOTARY: Kindly mark the record to reflect that the Plaintiff withdraws the judgment entered in the above entitled civil action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A: Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: May 22, 2003 '€~~id5fl~3n~61~+ztr.. i'*`~.ti~+ma..5ifku"4:R,=u2k~5wfiuka.~ w ~x: rz;:~_ ., a - - ~,.@ ~ ~ciMUer3e+.mdea.r....: ~.:s,~m:.w.r _. , R~ ~ ~ ~i ~ T .~ ,~ w ' ~~ ~~ ~ ~s; ~ ~+ ~ ~~ ~ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215)653-7450 Attorneys for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, TRUSTEE FOR SECURITIZATION SERIES 1998-2, AGREEMENT DATED06-O1-98, BY AND THROUGH ITS LOAN SERVICING AGENT, FAIRBANKS CAPITAL CORP., Plaintiff, v. DAVID A. SMYTH and TWYLA P. SMYTH, Defendants. File No. 01-6663 Loan No. 2066643871 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.O1-5536 CIVIL PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTARY: Kindly mark the above entitled civil action discontinued without prejudice. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: C~~~~„""^""" Barbara A. Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: May 22, 2003 f."~a'~ih,~~~y wm.u ~ . _~ .~ e~ s~xixls~€wxnx§~. s..°.,.- .x.=_~ - , ei.:~s< + ~ ? ~.:.~a~ m °~~wv'r!~nvn,•ceF~+33.i _ - _ ~. Q Q ~~ -t iiir ~~.. N -gym <C' " p ~~ ~ ~rn ~~